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1.

Modes of transmitting ownership:


(Art. 712, New Civil Code)
2. Terms
a. Decedent-
b. Testator-
c. Inheritance-. (Art. 776, NCC)
i. The obligations of a deceased are only to the extent of the value of the
inheritance left by him to his heirs.
ii. In general, obligations are transmissible, unless purely personal like
obligations between husband and wife, and those non-transferable by law
or contract.
iii. Examples of rights extinguished by death:

(Art. 173, Family Code)

(Sec. 13, RA 8552)

3. When are rights to succession transmitted: (Art. 777, NCC)


a. Heirs become owners on date of decedent’s death although properties are
delivered to them later.
b. Both acceptance and repudiation retroact to the moment of death

4. Kinds of succession: Succession may be:


a. Testamentary (by will or codicil),
b. Legal or intestate (by law),
c. Mixed (partly by will and party by operation of law) (Art. 778, NCC)
5. What inheritance includes (Art. 781, NCC).
Example: Alluvium, bot not properties acquired after this will was made.
6. Heir, devisee, legatee distinguished (Art. 782, NCC):
Heir-
Heir is compulsory as to legitime
Heir is voluntary, as when a friend or a child is given part of the estate to be taken from the
free portion.
Devisee:
Legatee:
Importance of distinction between heir and legatee/devisee
(Art. 854, NCC)
7. Dual status of heir:
a. In a will, a compulsory heir may be given other than his legitime.
b. He is a compulsory heir with respect to the legitime. He is a voluntary heir with
respect to the excess.
c. If a compulsory heir dies ahead of the testator, his legitime goes to his child to his
child by representation.

The child of a voluntary heir who predeceases the testator gets nothing, because
there is no representation among voluntary heirs nor in the free portion.

WILLS
1. Definition of will:
(Art. 783, NCC)

2. Characteristics of a will:
a. Statutory
b. Unilateral (Heirs can’t accept while testator is still alive)
c. Solemn or formal
d. There must be animus testandi
e. Testator must have testamentary capacity
f. Strictly personal
g. Effective mortis causa.
h. Essential revocable or ambulatory.
Meaning of strictly personal (Art 784, NCC):
(Art. 786, NCC). Ex: Charitable institutions
2000 Law of San Sebastian College
3. Interpretation of wills:
a. (Art. 788, NCC
b. Ambiguities in a will:
i. Latent or intrinsic: Ex:
ii. Patent or extrinsic:
c. How to resolve ambiguities:
i. Latent or intrinsic: (Art. 789, NCC)
ii. Patents or extrinsic: Why can’t the declarations of the testator be
considered?

Because to do so can result to fraud, as the words of dead man


d. Words are to be interpreted in their ordinary or grammatical sense, not in the
technical sense (Art 790, NCC).
e. But technical words used are to be taken in its technical sense, unless
(Art 790)
f. After-acquired properties go to intestate heirs.
g. Rules of interpretation apply to institutions of heirs as well as of legatees and
devisees.
4. Validity of wills:
a. As to form (extrinsic validity) ( Art 795, NCC)
b. Intrinsic validity: Governed by the law in force at the time of decedent’s death.
5. Testamentary capacity: (Art. 796 and ff., NCC)

Active-Capacity to make a will

Passive- Capacity to receive property under a will.

Who can make a will:

. (Art 796, NCC)

(Art 797, NCC).

Must be sound of mind a the time of the will’s execution. Meaning, the testator knows

1. The nature of the estate to be distributed


2. The proper objects of his bounty.
3. The character of the testamentary act.
(Art. 800, NCC)

Supervening incapacity does not invalidate a will; nor supervening capacity


validate a will (Art 801, NCC)

6. Forms of Wills:Notarial and Holographic


a. Notaria will

(Art. 804, NCC)

(Art. 805, )

Credible means:
(Arts. 820, 821, NCC)

The testator or person who signed for him and the witnesses must be sign each and every page on
the left margin of the will except the last page.

The signatures may be on the right, top, or bottom of the margin of the will. (Avena v. Gracia, 42
Phil. 145; Nayue v. Mojal, L-14322, Feb. 25,1960).

All pages of the will must be correlatively numbered in letters placed on the upper part of each
page (Art 805, id)

Purpose: to prevent fraud, substitution or to detect loss of any page. So, substantial compliance is
enough.

Failure to state number of pages in the attestation clause is fatal. ( Re Andrada, 42 Phil.
180) unless number of pages appears elsewhere in the will (Singson v. Florentino, L-4603, Oct
25,1952; Gonzales v. Gonzales, L-3272, Nov 29, 1951)

i. Must be notarized (Art. 806):

(Art. 808)

ii. (Art. 807).


iii. (Art. 808).
.
b. Holographic will
Requirements:
i. (Art. 804, NCC)
ii. (Art 810)
iii. (Art 813)
Advantages of Holographic wills:
 More intimate and personal
 Unlikely to be influenced by fraud or undue influence
 No witnesses, no marginal signatures, no notarization and
acknowledgement needed
 Subject to no other form (Art. 810)
 Can be made in or out of the Philippines (id)

Probate of holographic wills:

 If not contested, only the testimony of one witness who knows the
handwriting and signature of the testator is needed.
 If the will is contested, at least three of such witnesses are required
 In the absence of said witnesses, expert testimony may be
presented. (id.)
7. Wills executed abroad:
a. (Art. 815)
b. If executed by an alien, will may be executed in accordance with:
i. Lex domicilii (Art 816)
ii. Lex nationalii(id)
iii. Philippine Law(id)
iv. Lex loci celebrationis (place where testator was at time of execution) (Art 17)
8. Joint will of Filipinos:
a. Joint will defined (Art 818, NCC).
Example: A and B executed a will in one instrument, making C their heir.
b. Distinguished from reciprocal or mutual wills:

c. Reasons why joint wills are void:


(Art 819)
d. How about joint wills executed by foreigners?
i. If executed abroad and valid in the country of execution, valid also here (lex loci
celebrationis).
ii. If executed in the Philippines, void because it is against our public policy
9. Devise, legacy, etc., to attesting witnesses (Art. 823, NCC ).
a. (Art 823, id)
10. Codicil (or a small will):
a. Meaning (Art 825, NCC )
.
b. How executed:
(Art 826)
How revoked:
i. A notarial will may be revoked by a notarial or holographic codicil; a holographic
will may be revoked by a holographic or notarial codicil;
ii. A valid will can never be revoked by an invalid codicil, whetherexpressly or
impliedly.
11. Incorporation by reference:
Requisites (Art 827):

Revocation of Wills
1. When is revocation valid; law applicable (Art, NCC):
a. If done outside the Philippines-
i. If by one not domiciled here:
1. Apply law at the place the will was made; or
2. Follow the law at the place where the testator was domiciled at the
time the will was made; or
3. Follow Philippine Law.
ii. If done by one domiciled in the Philippines:
1. Follow Philippine law (since his domicile is here); or
2. Follow the general rule of the lex loci celebrationis of the revocation
(Art 17)
b. If done in the Philippines-
Follow Philippine law whether the testator is domiciled in the Philippines or not;
i.e., lex loci celebrationis of the revocation.
2. Ways of revocation (Art 830, NCC ):
3. Different ways of revocation explained
a. By implication or operation of law:
(Art 957, NCC)
(Art 43,0, Family Code)
Art 1032, NCC
(Art 936, NCC)
(Art 854, id)
b. By an overt act (burning, tearing, cancelling or obliterating, or crumpling) (Art 830,
par. (3), NCC):
i. May be done by the testator or another upon his express direction
ii. The subjective phase of the act must be completed (if, for example, even a
small part of the will is burned
iii. There must be capacity to make a will at the time of revocation
iv. If the testator threw his will into a stove with the intent of revoking it so
that it would be burned once someone lights the stove, but somebody
removed the will from the stove, but somebody removed the will from the
stove before it was lighted, there is no revocation because there was never
the overt act of burning.
v. If a will is burned accidentally, there is no revocation in view of the lack of
intention to revoke
vi. Tearing of the will, even if slight or only into two pieces, is enough
revocation as long as the subjective phased is passed
vii. Obliteration is rendering the words illegible; cancelling is the drawing of
lines across the text, but the words remain legible.
viii. Cancellation of the signature is sufficient revocation, but cancellation or
obliteration od non-vital parts leaves the other parts of the will in force
ix. If a will is mutilated by error or accident, there being no animo revocandi,
there is no revocation
x. If what was burned was only the envelope containing the will, there is no
revocation
c. By the execution of another will or by a codicil (Art 832 and ff,NCC):
(Art 832, NCC)
(Art 831):
If subsequent will does not revoke the first will in the express manner, only
those dispositions in the first will that are inconsistent or contrary to the
second will are annulled
Reasons: (1) The law does not favor implied revocation
(2) Efforts to reconcile must be made

(Art 833)
Note the difference between an invalid second will is void, it cannot revoke.
If it is only. If it is only inoperative by reason of the incapacity or
renunciation of the heir, legatee, or devisee, revocation takes place
i. Doctrine of conditional revocation or dependent relative revocation;
This refers to a revocation that is conditional; i.e., revocation takes place
only if the condition is fulfilled.

Is Will No (1) revoked, or should be given effect?


(Diag v. De Leon, 43 Phil 413).

(De Molo v. Molo, et al, L-2538, Sept. 21, 1951)


4. Remember that the testator can revoke his will at anytime before his death
5. Recognition of an illegitimate child in a will does not lose its effect even if the will is
revoked (Art. 834, NCC)
Republication and Revival of Will
1. Definition of Terms

Republication (Art 835, NCC)

Revival is the restoration of validity to a previously revoked will by operation of law

2. Mode of republication:
(Art 836, NCC)
3. Requisites and limitations of republication :
a. If a will is void as to form (like if there were only two attesting witnesses or there
was no attestation clause), the new will must reproduce or copy all the provisions
of the first will.
i. But the effect of the will is the date of execution of the new will not of the
old will
b. If a will is void as to form, it cannot nr republished by mere reference in a codicil.
There must be a new will codicil reproducing all the provisions of the first void will.
But if the first will was valid but had later been revoked, a codicil merely referring
to the revoked will revives said void will. There is no need to reproduce the
provisions of the revoked will. The will however, effective as of the date of the
codicil.
c. If a will is void due to fraud or undue influence, the execution of a codicil referring
to the previous void will is sufficient republication. There is no need to reproduce
its provisions. (Art 836,NCC)
4. Rules on Revival (Art 837, NCC ):

5. Another Case of Revival


While the preterition of a compulsory heir annuls the institution of heirs, still, if the
omitted heir dies ahead of the testator, the institution of heirs revived, without prejudice
to the right representation (Art 854, sec. par., NCC )

PROBATE OF WILLS
Study Rules73 to 90 of the 1997 Rules of Civil Procedure
On Settlement of the Estateboom of deceased persons.

1. Meaning of probate:
2. Necessity of probate (Art 838, NCC)
3. Probate of will is conclusive as to:
a. Due execution of the will ;
b. Testamentary capacity of the testator.
4. Two kinds of probate:
a. During the testator’s lifetime (ante mortem probate)
Reasons:
i. To prevent or minimize fraud, intimidation or undue influence in the execution
of wills.
ii. To enable the testator to correct at once any failure to comply with the legal
requirements.
(Report of the Code of Commission, pp. 53-54)
Note: But the testator can still revoke his will although already probated during
his lifetime.
b. After testator’s death
5. Grounds for disallowance of wills (Art. 839, NCC).
a. (Person v. Coronel,45 Phil. 216)
b. (Macapinlac v. Alimurong, 16 Phil. 41)
c. (Coso v. Fernandez Dez, 42 Phil. 596)

(Art 1028 in relation to Art 739, NCC)


(Icasiano v. Icasiano, L-18979, June 30, 1964)

INSTITUTION OF HEIR
1. Meaning of “institution of heir” in the:
(Art. 840, NCC).
2. Requisites for a valid institution of heirs:
a. Refers only to voluntary heirs; cannot affect the legitime.
b. Applicable also to devisees and legatees.
c. Exists only on testamentary succession.
d. Even a conceived can be instituted, subject to Arts. 40 and 41 of NCC.
e. Heirs, legatees, and devisees must be certain or ascertainable.
f. There must be no preterition, except the devises and legacies are valid as long as
the legitime is not impaired.
g. The institution must be effective; that is, there is no predeceased, repudiation, or
incapacity of heirs.(Art. 841)
h. The will must be extrinsically and intrinsically valid.
i. If the institution is partial, the reminder of the estate goes to intestate heirs (Art.
841)
3. Other rules to remember:
a. (Art. 843, NCC).
b. (Art. 844)
c. (Art. 845)
Example: ” I institute my friend" (But have many friends)

d. Special kinds of institution:


(apply Art. 1030, NCC)
(Art. 959)
Art. 849)
(Art. 848)
e. (Art. 850).
(Art. 851)
f. (Art. 856)
g. (Art 977)

Preterition
1. Art 854 NCC: “The preterition or omission of one, some, or all of the compulsory
heirs in the direct line, whether living at the time of execution of the will or born after
deatof testator, shall annul the institution of heir; but devises and legacies shall be
valid in so far as they are not innofficious.

If the omitted compulsory heirs should die before the testator, the institution shall be
effectual, without prejudice to the right of representation”
2. Nature of Preterition:

SUBSTITUTION OF HEIRS
1. Meaning of “substitution of heir”:
(Art 857, NCC)
2. Purpose of substitution of heirs
a. To prevent the property from falling into the hands of people not desired ny the
testator
b. To prevent intestate succession
c. To allow the testator greater freedom to reward those worthy of his affection and
bounty than his intestate heirs
Note: There may also be substitution of legatees and devisees
3. Kinds of substitution: (Art 858, NCC)
a. (Art 859
b. Brief (Art 860):
c. Fideicommissary substitution (Art.863
d. Reciprocal (Art.861)

4. Fideicommissary substitution (Art. 863, NCC)


(art.864)
.(art.863).
.(art.866)
i. (art.865).
b. art.868).
5. Remember also:
a. Suppose the fiduciary dies ahead of the testator,the second heir gets the property
not as fideicommissary but as a simple substitute, to give effect to the testator’s
will.
But if the the second heir or fideicommissary dies ahead of the testator, there
is no fideicommissary substitution because both heirs must be living at the time
of testator’s death ,since both inherit from the testor.
However, if after the testator’s death,the fideicommissary dies ahead of the
fiduciary,the right of fideicommissary (or second heir) passes to his heirs (866).
b. If the fiduciary registers the property in his name without the fideicommissary
substitution, the innocent parties are protected.
However, if the property is unregistered, the buyer acquires only the seller’s
right;i.e.,subject to the fiddeicommissary substitution.
c. The fideicommissary is a sort of naked owner;ownership is consolidated in him
upon transmission of the property to him.
d. The second heir can be, as stated above,ajuridical person, provided there is only
one transfer.
e. The second heir,being an heir also of the testator,must be capacitated to succeed
the testator, not the first heir or fiduciary.
f. T instituted A as first heir and B as fideicommissary or second heir.A predeceasest
T .Will B inherit when T dies?
Yes,not as a fideicommissary but as an ordinary substitute heir.

g. T instituted A as first heir and B, A’s brother, as fideicommissary or second heir. T


died and his property passed on to A . upon A’s death ,will B get the property?
No. The fideicommissary substitution is not valid because B is second degree
from A. Property will go to A’s heirs, testate or intestate.
h. T instituted A as first heir; A’s son A-1 as second heir, and A-1’s mother is third
heir. Is this a valid fideicommissary substitution?

As far as A and A-1 are concerned, yes. But as to A-1’s mother ,no because
she is not one degree from A; in fact, she may not even related to A by blood. But she
may still get property from A-1 by testate or intestate succession.

DISPOSITIONS WITH CONDITIONS OR TERMS


1. Applies to the free portion;never to the legitime.
2. Kinds of institution;
a. With a condition; B is instituted provided he passes the 2004 bar exams.
b. With a term; B is instituted beginning 2003.
c. For a certain purpose or cause ( Modal institution); A is
d. to be spent for the interment of the testator.
3. With condition;
(Art.873
a. (Art.874)
b. Absolute condition not to remarry is also void as against morality and public
policy,except;
i. when imposed on the widow or widower by a deceased spouse.if the
condition is violated, the widow or widower gets only his/ her
legitime.free portion goes to the intestate heirs of the deceased.(id.)
ii. when imposed on the widow / widower by the ascendants or descendants
of the deceased spouse.(id)
iii. .
c. Disposition captatoria
d. Potestative condition (art. 876
e. Casual or mixed condition ( art. 877);
Casual – depends upon chance or the will of a third person.
Mixed – depends partly on the heir and partly upon chance or the will of a third
person.
.
Rules;
i. Condition may be fulfilled before or after the death of the testator.
ii. If already complied with and testator was not aware of the compliance
,already deemed fulfilled.
iii. If already complied with and testator was aware of the
compliance,deemed fulfilled if cannot be complied with again.
Ex.; that B becomes a lawyer.

Iv again substantial or constructive compliance is sufficient.

f. Negative potestative condition;


g. Positive potestative condition;
i. (art.880)
4. With term
a. Distinguished from condition

b. ( art 878.NCC

But if the instituted heir under a suspensive condition dies before the condition is
fulfilled, he transmits nothing to his heirs because he never inherited from the testator

c. Kinds of terms;
i. Suspensive
ii. Resolutory.
d. Rules to follow;

i. (art .880).

Modal institution

( Art. 882);
Legitime
1. Definition of legitime:
(Art. 886, NCC)
2. What are compulsory heirs?
a. Primary compulsory heirs
b. Secondary Compulsory Heirs
3. Remember:
a. (Art. 1083)
4. Legitimates of compulsory heirs
a. Legitimate children-1/2 of estate divided by number of children
b. One legitimate child- still ½
c. One legitimate child and surviving spouse- Child-1/2 Surviving Spouse-1/4
d. Two or more legitimate children and surviving spouse
Legitimate children-1/2
Surviving Spouse- Same share as one legitimate child
e. Two or more legitimate child, surviving spouse, illegitimate children
Legitimate child-1/2
Surviving Spouse-Same share as one legitimate child (to be taken from the free
portion)
Illegitimate child- each gets ½ of share one illegitimate child (also to be taken from
free portion)
f. Legitimate parents and surviving spouse- 1/2, ¼
g. Surviving spouse and illegitimate children;
Surviving spouse----1/3
Illegitimate children---1/3

h. legitimate parents,surviving spouse,illegitimate children----


Legitimate parents---1/2 ( even there is only one parent)
Surviving spouse------1/8
Illegitimate children ---1/4
i. legitimate parents only---------1/2
j. Illegitimate children only-----1/2
k. Surviving spouse only----1/2, but if marriage was in articulo mortis testator died
within 3 before their marriage ,1/3; if parties, however had lived together for
more than 5 years before their marriage,1/2.
l. Legitimate parents and illegitimate children
Legitimate parents-----1/2
Illegitimate children----1/4
m. Illegitimate parents only----1/2
n. Illegitimate parents and surviving spouse ---
Illegitimate parents------1/4
Surviving spouse ----------1/4

o.illegitimate children only----1/2

p.illegitimate parents and illegitimate children

Parents----none

Illegitimate children---1/2

Remember also;

a. Legitimate children always get ½ of the estate as legitimate. And this is true even there
is only one child.
b. Legitimate parents as secondary compulsory heirs also always get ½ of the estate as
their legitime, and this is true even there is only one legitimate parent.
c. There is no representation in the ascending line.
d. The legitime of the surviving spouse must be paid first out of the free portion; then,
give the illegitimate children their legitime. Therefore , if there are many illegitimate
children ,each of them might not get ½ of the share of a legitimate child.
e. There is also representation of illegitimate children.
f. Illegitimate children do not inherit abintestato from legitime children and relatives of
their illegitimate father and mother because of the barrier, and vice versa ( Art 992).
g. Brothers and sisters are not compulsory heirs ,but they are intestate heirs. So , a
testator can give his entire estate to strangers in his will,excluding his brothers and
sisters.
h. To determine the legitime ,get the value of the property minus debt,plus the value
donations subject to collation (Art.908).
i. Donations to children shall be charge to their legitime;donations to strangers shall be
charged to the free portion;if they are inofficious, they shall be reduced (Art 909).
j. The legitime of legitimate parents shall be divided between them equally.if one parent
is dead ,the other gets the whole legitime.
k. If the testator has no legitimate parents but is survived by ascendants of equal degree
,the legitime shall be divided equally between paternal and maternal lines. If the
ascendants are of different degrees ,the ones nearest in degrees get the entire
legitime. (Art 889).
l.
5. Reserva Troncal
Art. 891. The ascendant who inherits from his descendant any property which the latter
may have acquired by gratuitous title from another ascendant, or a brother or sister ,is
obliged to reserve such property as he may have acquired by operation of law for the
benefit of relatives who are within the third degree and who belong to the line which said
property came.(NCC).
Example ;

MOTHER (origin) FATHER (Reservoir or reservista)

(transmission by gratuitous title)


(transmission by operation of law i.e. by
legitime or by intestate succession)

Child

(propositus)

a. Mother gave land to child by donation or in her o will;

i.e.,by gratuitous title.

b. Child died with no descendant and no will,so father inherited land intestate.or child gave land
to father as the latter’s legitime in a will.

c. Father owns land only until he dies. Land is reserved by law in favor of the relatives of the
mother within the 3rd degree from the child ,who are the reserves or reservatorios.

d. the reserves or reservatorios within the 3rd degree from the child ,are any of the following;

i. Maternal haf-brothers and half- sisters (second degree)

ii. maternal half-nephews and half-nieces (third degree).

iii. maternal grandparents (second degree)

iv.maternal great grandparents (third degree)

v.maternal aunts and uncles (third degree)


l

MGGP

oReservatarios I MGP

Or Reservees
MA

(Relatives of the
Mother
MU
(origin)
Propositus within
Child
MHS MHB
The 3rd degree in the (propositus)

Maternal line. MHN MHN

e.Among the reserves, those in the direct line are preferred as against the collateral line. Thus ,
a grand is preferred to a half-brother or sister. Also ,the nearer excludes the farther.

f. Maternal half-nephews and half-nieces are preferred to maternal aunts and uncles because
they are also intestate heirs of the propositus,while aunts and uncles are not.

g. children of first cousins are not reserves,because they are already 6 th degree from the
propositos.

Other rules to remember;

a. Between the brother of the father and brother of the mother, the property
goesto the latter by reserve troncal.
b. Suppose the mother dies intestate,leaving a car to her child. Later , the child dies
intestate with no wife and no children. The father inherits the car by intestate
succession. This car is reservable.
c. The prositus is the owner of the above car while alive. So he can defeat the
reserve by selling the car.
d. There is no reserve troncal if the child gives the property to his father in a will
out of the free portion,because that is not by operation of law.
e. The reservista is a full owner of the property subject to a resolutory condition;
i.e.,upon his death ,the property goes to the reserves.
f. The property cannot the used to pay the debt of the reservista’s estate because it
not part of his estate after his death.
g. The reservista must inventory the property and must furnish a bond,mortgage or
any other security to secure the delivery of the property or its value to the
reserves.
h. The reservista is liable for all deterioration imputable to his fault or negligence.
i. Land may be registered as subject to reserve troncal ,and if there is such
annotation in the title ,security is not necessary.
j. If the property is personal,the reservista may sell, donate ,or pledge the property,
but his estate must rreimburse the reserves the value of the property.
k. If the property is land, the reservista must annotate the reserve troncal within 90
days from the time he accepts the inherit,ance(when there is no case filed in
court) or 90 days from the time it is awarded to him by the court(Art 199 and
191,Spanish mortgage law)
The reserves can judicially demand the annotation.
l. The reservees inherit the property from the propositus,not from the reservista.
They are conditional heirs of the propositus.
m. There is representation in reserve troncal,but the representative must also be
within the third degree from the propositus (like nephews and nieces).
n. Proceeds of insurance given to the beneficiary are not subject to reserve troncal
because this is not a donation.
o. If the mother gives a sweepstakes tickets to her son and the ticket wins and later,
the prize is inherited by the father,there is no reserve troncal because the prize
came from the PCSO,not from the mother.
p. Prescription extinguishes the reserva troncal (30 years for real property, 8 years
for personal property).
q. If the property subject to reserva troncal is expropriated the reserva continues on
the indemnity.
r. If the property is insured and later destroyed ,the reserve continues on the
insurance proceeds.
s. The purpose of the reserve troncal is to keep the property in the family to which
it belongs (Velayo Bernardo v. Siojo, 58 Phil. 89 ).
t. Reserva troncal exist only in the legitimate family ;no reserve exist in favor of
illegitimate relatives.
u. Reserve maxima and reserve minima;
Explanation ;a son received from his mother P20,000 under her will.he also
had properties of his own worth P40,000. When the son dies without a spouse
and without children,he left all his estate ( worth P60,000) to his father ihis will.
How much is the reservable property?
The legitime of the father in his son’s estate is P30,000 (1/2 of P60,000).
Under the principle of reserva maxima,since the P20,000 legitime of P30,000
received by the son from his mother can be included or contained in his legitime
of P30,000, said P20,000 is reservable.but under the principle of reserve
minima,only ½ of P20,000 is reservable,on the theory that only ½ of the P20,000
received by the son from his mother went to the father by operation of law.
The reserva maxima is more in consonance with the original objective of
reserve troncal ,because it subjects to the reservation the largest amount
possible.
But the reserva minima is more just and more equitable ,more in line with the
philosophy of the law of socialization ,and favored by Manresa and Scaevola.
v. How is the reserve extinguished?
i. Death of the reservoir or reservista.
ii. Death of all the would-be reservees ahead of the reservoir.
iii. Accidental loss of the reservable property.
iv. Prescription (runs from the death of the reservoir) ---30 years for real
property,8 years for personal property.